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Previews of music as fair dealing (Threedux)

Heenan Blaikie LLP
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Canada
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August 13 2010

A further development in the SOCAN v Bell Canada, et al case - where the Federal Court of Appeal recently held that "previews" of songs offered by online music services constituted "fair dealing" for the purposes of research

Pandora and Canadian copyright royalties

Heenan Blaikie LLP
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Canada
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September 26 2010

CBC News reported earlier this week about the lack of availability in Canada of onlinemobile streaming services in Canada such as Pandora and Spotify: "Mobile music service rejects Canada, blames fees"

ASCAP, SOCAN, public performances and telecommunications

Heenan Blaikie LLP
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Canada, USA
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September 30 2010

The US Federal Court of Appeals for the Second Circuit decision in US v ASCAP (sometimes referred to as ASCAP v RealNetworks) has generated a surprising amount of commentary - particularly from practitioners and academics outside of the United States

User-generated content - liabilities and prospects redux

Heenan Blaikie LLP
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Canada
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February 14 2011

Last summer's Viacom v YouTube decision, though currently on appeal, continues to have resonance - particularly for Canadian copyright and entertainment lawyers in light of the fact that Bill C-32 (The Copyright Modernization Act) contains a provision (dubbed, variously, the "YouTube exception", the "mash-up exception" or the "UGC exception") which would create an exception to copyright infringement for "Non-Commercial User-generated Content"

Still unsure: Copyright Board denies application for interim tariff on UGC and online movie delivery

Heenan Blaikie LLP
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Canada
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February 22 2012

In a decision dated February 17, 2012, the Copyright Board has denied the request made by SOCAN for an interim tariff which would have applied to the online delivery of movies and television shows and the use of musical works in "user generated content" (UGC) - the interim tariff would have applied to services such as Netflix, YouTube, MySpace and Facebook

Irish High Court on responses to unauthorized downloading

Heenan Blaikie LLP
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Ireland
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October 13 2010

The decision of the High Court of Ireland (which is a trial level court and not an appellate court) in EMI Records (Ireland) et al v UPC Communications is a fascinating (if long) read

Online infringement: Canadian "notice and notice" vs us "notice and takedown"

Heenan Blaikie LLP
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Canada
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June 27 2012

News that Canadian band In-Flight Safety has been subject to postings of its songs on YouTube being removed by the service for purported copyright infringement ("Maritime band battles to keep music on YouTube") means a timely opportunity to consider the differences between Canadian and US copyright law when it comes to infringing content online

Crank it to 11: Bill c-11 receives Royal Assent - what changes for entertainment lawyers

Heenan Blaikie LLP
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Canada
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July 9 2012

Bill C-11 (The Copyright Modernization Act) has received Royal Assent (on June 29, 2012

Supreme Court of Canada rules that ISPs are not "broadcasting undertakings" by Stephen Zolf

Heenan Blaikie LLP
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Canada
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February 29 2012

On February 9, 2012, the Supreme Court of Canada confirmed that Internet service providers (ISPs) do not act as “broadcasting undertakings” in providing end-users with access to broadcasting content through the Internet

Creating contracts by email - "written" doesn't always mean "in writing"

Heenan Blaikie LLP
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Canada, USA
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November 14 2011

Two recent court decisions (one Canadian, one American) serve as useful reminders that binding contracts and assignments of rights can be created via exchanges of emails almost as easily as they can be created by "written" documents